Last year Brook Astor’s son was on trial for causing more of her assets to be given to him than she originally intended. It was a very interesting trial for estate planning attorneys everywhere to observe from afar because we deal with many of the same issues on a frequent basis.

In France, there was litigation over the actions of that country’s wealthiest woman, Liliane Bettencourt. Ms. Bettencourt is the owner of L’Oreal. Ms. Bettencourt has allegedly given a male photographer approximately one billion dollars in gifts over the years. Ms. Bettencourt’s daughter was suing Mr. Francois-Marie Banier in criminal court.

There is more to the story than the above. Ms. Bettencourt’s butler secretly tape recorded conversations which seem to demonstrate that she did not know what was occurring. In other words, she was ripe for being taken advantage of by her advisors and others.

Last Thursday, July 22, Ms. Bettencourt’s daughter received a letter indicating that her lawsuit could not go forward without a medical certificate indicating her mother’s mental state.

Ms. Bettencourt has refused to undergo an independent medical examination. Her daughter and grandchildren have been given her entire holdings in L’Oreal.

While the case in France is being litigated during Ms. Bettencourt’s lifetime, it illustrates the complexities involved in determining whether an older individual is of sound mind when he/she is giving away assets.

As an estate planning attorney, who is also a probate attorney, I understand the issues involved.

I read a small article yesterday about a woman in Alabama who forged court documents regarding paternity test results. She forged the signature of a district judge and made up a name – “Lawrence County Probate Judge” – and signed that name as well. The woman confessed and said that she was attempting to harass an ex-boyfriend.

It obviously points to an estate planning/estate administration/probate issue as well. Some men may think they are the biological father of a child and actually not be the biological father. They may have support obligations and if they die that child is an heir under the laws of intestacy. Therefore, if there is a question as to the identity of a man’s issue, it is not enough to just get a blood test done – as the Alabama case points out - one needs to make sure that the report you receive is accurate! Moreover, the living trust or will should mention the identity of someone who might allege that he/she was a child of the decedent and indicate what, if any, share that individual is to receive.